§ 1433. Mental incompetency of member

If a person who would be entitled to make an election under section 1431 or 1432 of this title is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, and for that reason cannot make the election within the prescribed time, the Secretary concerned may make an election for that person upon the request of his spouse or, if there is no spouse, of his children who would be eligible to be made beneficiaries under section 1435 of this title. If the person for whom the Secretary has made an election is later determined to be mentally competent by medical officers of the Department of Veterans Affairs or by a court of competent jurisdiction, he may, within 180 days after that determination, change or revoke that election. However, deductions made from his retired or retainer pay before that date may not be refunded.

(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)

Historical And Revision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1433	37:372 (less (a) and (b)).	Aug. 8, 1953, ch. 393, § 3 (less (a) and (b)), 67 Stat. 502.

The first 19 words are substituted for 37:372(c) (1st 9 words). The words “who would be eligible to be made beneficiaries under section 1435 of this title” are inserted to reflect the limitations in 37:371(f). The words “for that reason cannot” are substituted for the words “because of such mental incompetency is incapable of”. The words “or is adjudged mentally incompetent”, “provided for in this section”, and “where appropriate is subsequently adjudged mentally competent” are omitted as surplusage. The last sentence is substituted for 37:372(c) (last sentence).

Amendments

Amendments

1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places.